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Does my proposed product qualify as a Security?

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Tony Garza

Junior Member
U.S. and Georgia Securities Law

Hello, I am part of a C-corp and we invest in Real Estate; the problem we run into a lot is there are too many good deals out there and never enough capital. Since we are NOT a bank, we are constantly in the look-out to mitigate this. Not selling company stock, it is OUT of the question.

The product in question is, we want to sell "unsecured loans" and I've gotten conflicting opinions from different attorneys. Specifically:
5-year, for 5% simple interest loan and
3-year, for 10% simple interest Jumbo loan.

All the buyer/lender will be promised in a contract (simple promissory note?) is the interest every year and lump-sum at maturity; this REGARDLESS on how the company performs.
Are these qualified as Securities? If yes, what can we change to work around that?

Thank you for reading.
-Tony
 



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